As Canada's baby boomers age, their health declines and legal issues can increase. Many of those issues involve questions of 'capacity' — often, whether an individual has or had the capacity to make certain financial decisions.
But capacity can also be a problem when couples separate. Because spouses can make property and support claims against the other spouse once there has been a separation, there can be a question whether a spouse had the ability to decide to separate, reconcile or divorce.
Justice Frances Kiteley recently dealt with the mental capacity to reconcile in the 2018 decision of Chuvalo v. Chuvalo, a sad case between the famous boxer, George Chuvalo, and his family.
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